2010 (11) TMI 329 - AT - Central Excise

Refund Claim - failed to produce the original invoice - The appellant has failed to produce the original invoice which was cancelled by Department - They have also not informed to the department in time of cancellation of the impugned invoice - Revenue submitted that to sanction refund claim, the original invoice is a necessary document - As the appellant has failed to produce original invoice, the lower authorities has rightly rejected the refund claim -Decided against of assessee.

Summary

Issues:
Refund claim rejection due to non-production of original invoice.

Analysis:
The appellant's refund claim was rejected by lower authorities as they failed to produce the original invoice that was cancelled after duty payment. The appellant argued that the duty was paid on the invoice, later found unnecessary, and thus filed for a refund. The advocate submitted a duplicate invoice and a certificate from the Range Superintendent, but the claim was denied citing potential misuse of the original invoice. The appellant contended that only the intended consignee, the Wada Unit, could avail credit for the invoice, supported by a certificate from a Chartered Accountant confirming no credit taken by Wada Unit.

The Departmental Representative (DR) highlighted the appellant's failure to timely inform the department about the cancelled invoice and the non-production of the original invoice. The DR stressed the necessity of the original invoice for refund sanctioning, which the appellant failed to provide. The lower authorities' rejection of the claim was deemed appropriate based on these grounds.

After hearing both sides, the judge noted the admitted misplacement of the original invoice and its non-production before the lower authorities. The judge emphasized the mandatory nature of the original invoice for refund sanctioning and upheld the lower appellate authority's decision to reject the claim due to the absence of this crucial document. Consequently, the appeal was dismissed as the judge found no merit in challenging the rejection based on non-compliance with the requirement of producing the original invoice.